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Top Ten Legal Headlines of The Week-29 Jan 2025

Top Ten Legal Headlines of The Week-29 Jan 2025


                  	

1. Supreme Court Directs 33% Reservation for Women Lawyers in NGT Bar Association Elections

The Supreme Court has mandated 33% reservation for women lawyers in the executive committee elections of the National Green Tribunal (NGT) Bar Association. A Bench of Justices Surya Kant and N Kotiswar Singh also allowed lawyer-members of the NGT Bar Association to vote without mandatory registration with the Bar Council of Delhi. The Court clarified that its earlier reservation order for Delhi Bar Associations would apply to the NGT Bar Association as well.

2. Supreme Court to Ease Ad-Hoc Judge Appointments to Address Criminal Appeal Backlog

To address the rising backlog of criminal appeals in High Courts, the Supreme Court has decided to relax conditions for appointing ad-hoc judges under Article 224A of the Constitution. The Court aims to amend guidelines from its April 2021 judgment, facilitating faster appointments of temporary judges to reduce pendency.

3. Supreme Court Constitution Bench to Examine Writ Petition Maintainability Against MSEFC Orders

The Supreme Court's Constitution Bench will determine whether writ petitions under Article 226 of the Constitution are maintainable against orders issued by the Micro and Small Enterprises Facilitation Council (MSEFC). The MSEFC, established under the MSMED Act, addresses delayed payment issues for micro and small enterprises and functions as a quasi-judicial body for dispute resolution.

4. Supreme Court to Review Order on Lawyers' Appearance Marking

The Supreme Court will decide next week on a plea from the Supreme Court Bar Association (SCBA) seeking modification of a previous order. The order, issued last year, mandated that only lawyers authorized to argue a case could mark their appearance, excluding those who assist. The SCBA’s plea calls for reconsidering this rule to allow greater flexibility for lawyers involved in cases, even if they are not arguing counsel but are assisting in the proceedings.

5. Supreme Court Questions Lawyer Over Adjournment Request for Client in Jail

The Supreme Court on Thursday reprimanded a lawyer for seeking an adjournment in a criminal case, questioning whether it was appropriate given the long time the client's been in jail. Justice PS Narasimha remarked, "Your clients are behind bars for so long and you are taking adjournment. Is that a good thing?" This highlights the Court's concern about delays in proceedings affecting the rights of those in custody.

6. Supreme Court Quashes 2007 Criminal Case Against PepsiCo

The Supreme Court on Friday quashed the criminal case filed against PepsiCo by the Punjab government, which accused the company of misbranding and mislabeling under the Prevention of Food Adulteration Act, 1954. The case stemmed from a 2007 incident when a government food inspector found 20 bottles of Gatorade in a bakery, allegedly misbranded. The Court's decision brought an end to the prolonged legal battle concerning the charges.

7. Supreme Court Rebukes Section 498A Convict for Inconsistent Behaviour

The Supreme Court on Friday strongly criticized a man convicted under Section 498A of the Indian Penal Code (IPC) for torturing his wife over dowry demands. The petitioner, Yogeshwar Sao, convicted in 2015 and sentenced to two and a half years of imprisonment, was rebuked for worshipping deities like Laxmi and Saraswati while neglecting to provide for his daughters. The Court's remarks highlighted the inconsistency between his religious practices and his treatment of family responsibilities.

8. Supreme Court Upholds Land Allotment Cancellation for Non-Utilization

The Supreme Court recently upheld the Kerala High Court's decision to cancel the industrial land allotment to Poyilakada Fisheries Pvt. Ltd. after it failed to use the land for its intended purpose of economic development. The Court emphasized that industrial land should be utilized by those capable of generating income and employment. The company's cessation of operations in 2004 and subsequent failure to comply with the allotment's conditions led to the cancellation, with the Court affirming the decision and ruling that compensation claims should be resolved by the competent authority.

9. Supreme Court Recalls Suspension of Tihar Jail Officials in Unitech Case

The Supreme Court has recalled its 2021 order that led to the indefinite suspension of 32 Tihar jail officials involved in providing undue favors to Unitech promoters Sanjay and Ajay Chandra. The Court stated that such suspensions cannot continue indefinitely and directed the competent authority to assess the possibility of reinstatement. This decision came after the officials had been suspended for over 3.5 years. The Court clarified that the departmental and criminal proceedings would continue based on merit while leaving the decision of reinstatement to the authorities.

10. Supreme Court Rules on Invocation of IPC Section 509 for Insulting Modesty of Women

The Supreme Court clarified that merely alleging the use of "filthy language" is insufficient to invoke Section 509 of the IPC, which punishes the insult of a woman’s modesty. The Court emphasized that there must be specific references to the words used, contextual details, or accompanying gestures to demonstrate an intent to insult. In the case before it, the Court quashed charges under Section 509, stating that the complaint lacked these essential details. It also addressed related charges under Sections 323, 504, and 506, finding insufficient evidence to support them.


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